The URL can be used to link to this page

Home My WebLink About2013-07-08-Meeting Agenda Engineering Services Committee Meeting Commission Chamber- 7/8/2013- 1:00 PM ENGINEERING SERVICES 1. Discuss the performance measurements of the 2013 Solid Waste Contract. (Requested by Commissioner Marion Williams) Attachments 2. Provide necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocations in the Georgia Department of Transportation contract for the widening of SR 56 FM CR 17/Bennock Mill Rd to CR 1516/Old Waynesboro Rd. The estimated cost of construction is $4,709,621.00. Attachments 3. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Clarence L. Johnson, IV, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 62, consisting of 0.284 acre (12,389.25 sq. ft.) in fee and 0.177 acre (7,724.06 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) one (1) temporary driveway easement{s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4702 Windsor Spring Road, private, at the purchase price of $5,050.00. Attachments 4. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Clarence L. Johnson, IV, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 59, consisting of 0.171 acre (7,448.47 sq. ft.) in fee and 0.488 acre (21,278.84 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) N/A temporary driveway easement (s) on Project Windsor Spring Road, Phase V, STP00-1105-00 (004) from property located at: 4710 Windsor Spring Road, private, at the purchase price of $5,850.00 Attachments 5. Provide approval for Augusta Utilities Department to purchase Attachments one Vaporooter panel and power unit to chemically treat sanitary sewer lines for roots to help prevent sanitary sewer overflows. 6. Approve bid item #13-126 and contract for CNG maintenance services to Atlanta Gas and Light (AGL) Resources. Attachments 7. Motion to accept maintenance responsibilities from the Georgia Department of Transportation for the portion of Tobacco Road between Mike Padgett Highway (Hwy 56) and Doug Barnard Parkway, which is currently designate Highway 56 Spur. Attachments 8. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013) (Referred from the June 18 Commission meeting) Attachments 9. Motion to approve the minutes of the Engineering Services Committee held on June 10, 2013. Attachments 10. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Howard Trotter, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 98, consisting of 0.041 acre (1,777.63 sq. ft.) in fee and N/A acre of permanent construction & maintenance easement, more or less. Also granted is (are) N/A temporary driveway easement(s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4624 Windsor Spring Road, private, at the purchase price of $500.00. Attachments 11. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Gary Leonard, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 77, consisting of 0.072 acre (3,125.83 sq. ft.) in fee and 0.047 acre (2,038.64 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) one (1) temporary driveway easement(s) on Project Windsor Spring Road, Phase V, STP00- 1105-00(004) from property located at: 4652 Windsor Spring Road, private, at the purchase price of $3,100.00. Attachments www.augustaga.gov 12. Approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage and Suburban Forces account as requested by AED. Attachments 13. Motion to receive as information Traffic Engineering’s purchase of thermoplastic striping material. Attachments 14. Motion to authorize the Mayor to execute appropriate intergovernmental agreements (IGA) between Augusta, Georgia and the Georgia Department of Transportation at the discretion of the Augusta Law Department to allow the Augusta Engineering Department (AED) to manage, deliver, and be reimbursed for individual projects funded through the Transportation Investment Act of 2010 (TIA; aka, TSPLOST). Also, approve i) allocating $2 Million from General Fund Balance Fund and $1 from TIA discretionary funds (that will be reimbursed to the appropriate funds) as Reserve Fund for upfront funding of TIA local delivery projects; and ii) evaluate reserve funding for TIA local delivery projects at the end of 12- month period following IGA execution by both parties. Attachments 15. Consider award of RFP #13 – 111A, Wastewater Collection System Asset Management Program to Redzone Robotics, Inc. Attachments Engineering Services Committee Meeting 7/8/2013 1:00 PM 2013 Solid Waste Contract Department: Caption:Discuss the performance measurements of the 2013 Solid Waste Contract. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Engineering Services Committee Meeting 7/8/2013 1:00 PM Accept terms of contract agreement with Georgia Department of Transportation concerning the costs of relocating water and sanitary sewer mains on GDOT Project # CSSTP-0006-00(431), Richmond County, PI 0006431 Department:Augusta Utilities Department Caption:Provide necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocations in the Georgia Department of Transportation contract for the widening of SR 56 FM CR 17/Bennock Mill Rd to CR 1516/Old Waynesboro Rd. The estimated cost of construction is $4,709,621.00. Background:The Georgia Department of Transportation is widening SR 56 FM CR 17/Bennock Mill Rd to CR 1516/Old Waynesboro Rd. Due to these improvement the Augusta Utilities Department needs to relocate existing water and sewer lines. The Augusta Utilities Department will be solely responsible for the cost of the relocations, which is the estimated cost reflected in the agreement furnished by GDOT. Analysis:Approving this agreement will allow GDOT to award their contract including the cost for Augusta Utilities Department water and sewer relocation. This water line will fulfill goals set forth in the master plan, most notably to assist in the water supply to the Augusta Corporate Park. Financial Impact:Funds for this work are available in account 511043410-5425110 / 80313125-5425110. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission agree to the terms of the preliminary cost agreement with Georgia Department of Transportation in the amount of $4,709,621.00. Funds are Available in the Following Funds for this work are available in account 511043410-5425110 / 80313125-5425110.Cover Memo Item # 2 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 0006431- Richmond - Augusta -Richmond Water CIA - Bid Item Cost 5/15/2013 CSSTP-0006-00(431), Richmond County PI# 0006431 WATER DISTRIBUTION ITEMS Orig Plan Orig Est Orig Est Orig Plan In-Kind Actual Bid Actual Total Actual In-KindPay Item AUGUSTA-RICHMOND COUNTY Unit Total Qty Unit Price Cost Total Qty Total Qty Unit Price Bid Cost Bid Cost Water Items 610-1840 Remove Asbestos Cement Pipe LF 4250 $53.93 229,203$ 610-7015 Remove Vault EA 2 $2,000.00 4,000$ 611-8050 Adjust Manhole to Grade EA 4 $792.43 3,170$ 611-8140 Adjust Water Valve Box to Grade EA 4 $376.97 1,508$ 615-1000 Jack or Bore Pipe, Steel, 16 IN, 0.250 IN Thickness LF 330 $375.26 123,836$ 615-1000 Jack or Bore Pipe, Steel, 24 IN, 0.250 IN Thickness LF 135 $375.26 50,660$ 615-1000 Jack or Bore Pipe, Steel, 30 IN, 0.312 IN Thickness LF 290 $375.26 108,825$ 615-1100 Directional Bore Pipe, 16 IN, HDD Pipe LF 2220 $74.64 165,701$ 615-1200 Directional Bore Pipe, 16 IN, HDD LF 2220 $17.10 37,962$ 660-0004 Sanitary Sewer Pipe, 4 IN, PVC LF 50 $30.61 1,531$ 660-0008 Sanitary Sewer Pipe, 8 IN, PVC LF 375 $57.71 21,641$ 660-0336 Sanitary Sewer Pipe, 36 IN, RCP LF 20 $210.00 4,200$ 660-0820 Sanitary Sewer Pipe, 20 IN, Ductile Iron, Force Main LF 150 $191.71 28,757$ 660-0824 Sanitary Sewer Pipe, 24 IN, Ductile Iron, Force Main LF 120 $216.75 26,010$ 668-3300 Sanitary Manhole, TP 1 EA 4 $2,467.38 9,870$ 670-1080 Water Main, 8 IN, Class 350, Ductile Iron LF 1280 $55.97 71,642$ 670-1100 Water Main, 10 IN, Class 350, Ductile Iron LF 85 $64.16 5,454$ 670-1120 Water Main, 12 IN, Class 350, Ductile Iron LF 525 $70.20 36,855$ 670-1140 Water Main, 14 IN, Class 350, Ductile Iron LF 60 $100.00 6,000$ 670-1160 Water Main, 16 IN, Class 350, Ductile Iron LF 24000 $118.33 2,839,920$ 670-1500 Cap and Plug existing water line EA 15 $85.00 1,275$ 670-2060 Gate Valve, 6 IN EA 20 $891.76 17,835$ 670-2080 Gate Valve, 8 IN EA 15 $1,470.99 22,065$ 670-2100 Gate Valve, 10 IN EA 5 $1,619.51 8,098$ 670-2120 Gate Valve, 12 IN EA 12 $2,534.10 30,409$ 670-2140 Gate Valve, 14 IN EA 5 $5,637.45 28,187$ 670-2160 Gate Valve, 16 IN EA 42 $5,637.45 236,773$ 670-4000 Fire Hydrant EA 35 $3,442.09 120,473$ 670-5010 Water Service Line, 1 IN LF 10000 $18.85 188,500$ 670-5020 Water Service Line, 2 IN LF 3000 $34.01 102,030$ 670-7000 Steel Casing, 16 IN, 0.250 IN Thickness LF 255 $145.33 37,059$ 670-7000 Steel Casing, 24 IN, 0.250 IN Thickness LF 100 $145.33 14,533$ 4,709,621$ -$ SUBTOTAL =4,709,621$ SUBTOTAL =-$ -$ TOTAL EST COST =4,709,621$ TOTAL EST COST =-$ -$ AUGUSTA-RICHMOND SHARE 100%TOTAL In-Kind EST 4,709,621$ TOTAL In-Kind EST TOTAL BID -$ -$ GDOT SHARE 0.00%-$ TOTAL BETTERMENT COST AUGUSTA-RICHM TOTAL In-Kind EST -$ GDOT Share -$ In-Kind Items - Reimbursable *Actual Bid Costs Attachment number 1 \nPage 1 of 1 Item # 2 Revised 8/22/11 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contract No. and Name: WATER DISTRIBUTION FACILITIES CSSTP-0006-00 (431), RICHMOND COUNTY Name of Contracting Entity: AUGUSTA–RICHMOUND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service. _______________________________________ ___________________________ EEV / E-VerifyTM User Identification Number Date of Authorization _______________________________________ ___________________________ BY: Authorized Officer or Agent Date (Name of Person or Entity) _______________________________________ Title of Authorized Officer or Agent _______________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ * or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 Attachment number 2 \nPage 1 of 1 Item # 2 May 15, 2013 Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street Augusta, GA 30901 Project No.: CSSTP-0006-00(431), Richmond County P.I. No: 0006431 Contract Item Agreement for Water Distribution Facilities SR 56 FM CR 17/BENNOCK MILL RD TO CR 1516/OLD WAYNESBORO RD Dear Mayor Copenhaver, In accordance with your request, the adjustment of water distribution facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including betterment for this work is $4,709,621.00 of which the Department will bear 00.00% or $0.00 and Augusta-Richmond County will bear 100.00% or $4,709,621.00. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta- Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000 Keith Golden, P.E., Commissioner Attachment number 3 \nPage 1 of 2 Item # 2 Project No.: CSSTP-0006-00(431) Richmond County P.I. No.: 0006431 Contract Item Agreement for Water Distribution Facilities May 15, 2013 Page 2 As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact Charity Belford at 404-631-1363 or by email at cbelford@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Lee E. Upkins Assistant State Utilities Engineer For: Michael J. Bolden State Utilities Engineer MJB: LU:PA: CLB Attachment cc: Jimmy Smith, District Engineer, Tennille, Georgia Attn: Lynn Bean, District Utilities Engineer Attachment number 3 \nPage 2 of 2 Item # 2 Account No. – Class: 733005 – 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL CONTRACT ITEM AGREEMENT Georgia Project No.: CSSTP-0006-00(431), Richmond County G.D.O.T. P.I. No.: 0006431 THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen State Route 56 from County Road 17/Bennock Mill Road To County Road 1516/Old Waynesboro Road in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. Attachment number 4 \nPage 1 of 5 Item # 2 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $4,709,621.00 based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $4,709,621.00. 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL Attachment number 4 \nPage 2 of 5 Item # 2 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Attachment number 4 \nPage 3 of 5 Item # 2 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: Augusta-Richmond County BY:_____________________________ WITNESS BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf of Augusta-Richmond County pursuant to resolution dated ____________________________. ************************************ FEIN____________________ BY:_____________________________ ************************************ CITY CLERK (OFFICIAL SEAL) ______________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT NO.: CSSTP-0006-00(431) Signed, sealed and delivered this ______ COUNTY: Richmond day of ____________________, 20______, G.D.O.T. P.I. NO.: 0006431 DATE: May 15, 2013 CLB (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY:______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL Attachment number 4 \nPage 4 of 5 Item # 2 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 RESOLUTION STATE OF GEORGIA AUGUSTA-RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project CSSTP-0006-00(431) P.I. No. 0006431, to widen State Route 56 from County Road 17/Bennock Mill Road To County Road 1516/Old Waynesboro Road in Richmond County Richmond County, Georgia, and that Deke Copenhaver as Mayor and ______________________, as Commission Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta-Richmond County. Passed and adopted, this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COMMISSION CLERK MAYOR STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, ____________________, as Commission Clerk, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY:__________________________________ COMMISSION CLERK Attachment number 4 \nPage 5 of 5 Item # 2 Engineering Services Committee Meeting 7/8/2013 1:00 PM Acquisition Option for Right-of-Way- Windsor Spring Road Phase V Project Department:Law Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Clarence L. Johnson, IV, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 62, consisting of 0.284 acre (12,389.25 sq. ft.) in fee and 0.177 acre (7,724.06 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) one (1) temporary driveway easement{s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4702 Windsor Spring Road, private, at the purchase price of $5,050.00. Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Windsor Spring Road, Phase V, STP00-1105-00(004) Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S 324-04-1110-5411120 203824768-5411120 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 3 Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 5 Item # 3 Attachment number 1 \nPage 2 of 5 Item # 3 Attachment number 1 \nPage 3 of 5 Item # 3 Attachment number 1 \nPage 4 of 5 Item # 3 Attachment number 1 \nPage 5 of 5 Item # 3 Engineering Services Committee Meeting 7/8/2013 1:00 PM Acquisition Option for Right-of-Way- Windsor Spring Road Phase V Project Department:Law Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Clarence L. Johnson, IV, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 59, consisting of 0.171 acre (7,448.47 sq. ft.) in fee and 0.488 acre (21,278.84 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) N/A temporary driveway easement(s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4710 Windsor Spring Road, private, at the purchase price of $5,850.00 Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Windsor Spring Road, Phase V, STP00-1105-00(004) Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion. Recommendation:Approve the Motion Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 324-04-1110-5411120 203824768-5411120 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 4 Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 4 Item # 4 Attachment number 1 \nPage 2 of 4 Item # 4 Attachment number 1 \nPage 3 of 4 Item # 4 Attachment number 1 \nPage 4 of 4 Item # 4 Engineering Services Committee Meeting 7/8/2013 1:00 PM Approve purchase of Vaporooter panel and power unit to allow Augusta Utilities Department to complete chemical root control using in house crews. Department:Utilities Caption:Provide approval for Augusta Utilities Department to purchase one Vaporooter panel and power unit to chemically treat sanitary sewer lines for roots to help prevent sanitary sewer overflows. Background:Augusta Utilities Department has been using a Vaporooter panel and power unit, which has been on loan, to chemically treat sanitary sewer lines to remove root intrusions that inhibit flow in gravity sewer mains and contribute to backups in service lines. During the loan period, we have seen a benefit to using the system, which is the only user friendly system we have found that is easily retrofitted to existing equipment already in service. Utilizing a root control chemical is a much safer way of removing roots, compared to traditional methods used. Chemical treatment has no adverse effect on the tree and does not require a saw to remove the roots. Documentation from the manufacturer is included to verify that Environmental Products of Georgia is the only source for this type of equipment in Georgia. Environmental Products of Georgia’s e-verify number is 312637. The cost of the Vaporooter panel and power unit is $36,000.00. Analysis:Approving the purchase will allow Augusta Utilities Department to continue to safely treat sanitary sewer lines for root intrusions so we may continue to provide a high level of customer service that our customers deserve. Financial Impact:Funds are available in account 506043410-5422510 Alternatives:No alternatives recommended. Recommendation:We recommend approval to allow Augusta Utilities Department to purchase the Vaporooter panel and power unit. Funds are Available Cover Memo Item # 5 in the Following Accounts:506043410-5422510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 5 V AP O R O O T E R C O M M AN D E R P R O P O S A L Prepared for: AUGUSTA UTILITIES Prepared by: JOE LAGANKE Date: MARCH 25, 2013 Attachment number 1 \nPage 1 of 3 Item # 5 3/25/2012 Augusta Utilities Jody Crabtree 1840 Wylds Rd Augusta, GA 30909 I am pleased to present the following proposal for One (1) Vaporooter Commander Skid Mount. Please review the following specifications to make sure they meet your requirement. I hope the proposal meets your favor. FEATURES Commander Skid Mount (Generator/Compressor included) Jet-Set Hydraulic Root Foamer (Hyd. Drive) Two Stage Foamer Nozzle, 1" Tank not included Air Compressor 4 cyl. (Splash Lubricated) Chemical Resistant Diaphragm Pump Hydraulic Motors w/Speed Control Control Panel Speed Control 3-5 GPM Flow Meter Air Pressure Gauge, 0-200 Psi Water Pressure Gauge, 0-200 Psi Attachment number 1 \nPage 2 of 3 Item # 5 Washdown Hose Plumbed to Water Tank Pump output = 16 GPM W/ truck at idle Hyd. pump for Jet-Set must be separate from hydraulics for jetter One-Year Warranty On Parts & Labor System Training, Safety and Operational TOTAL PRICE: $36,000.00 I appreciate the opportunity and your interest in our products. Please feel free to contact me if you have any questions. Thank you, Joe LaGanke, Central/South Regional Manager Environmental Products of Georgia 4815 Mendel Court SW Atlanta, GA 30336 Office 404.693.9700 Cell 404.964.8339 jlaganke@epofc.com www.epofc.com Attachment number 1 \nPage 3 of 3 Item # 5 1550 East Old 210 Highway • Liberty, MO 64068 Monday, March 25, 2013 To whom this may concern: Douglas Products and Packaging LLC is an ISO 9000 certified chemical manufacturer of patented, registered chemical products and related application equipment for a broad spectrum of industries. Vaporooter, the Sanitary Sewer Division of Douglas Products, has over 40 years of expertise and proven success in eradicating root and grease problems in sanitary sewer systems. These products have been used by hundreds of cities and contractors to treat millions of feet of pipe; eliminating sanitary sewer overflows caused by tree roots and excess F.O.G. (Fats, oils, and grease). Douglas Products has authorized Environmental Products of Georgia, as the sole, authorized re-seller of both new equipment and materials for the State of Georgia. This includes but is not limited to: Sanafoam Vaporooter II®, Sanafoam Roo-Pru®, Jet Set Commander Foaming Systems, Grease Release, Grease Release Metering Systems, BioPlugs, and MicroJet. Thank you and feel free to contact me should any questions or concerns arise. Best regards, Hunter Dance Business Development Manager Douglas Products and Packaging, LLC Attachment number 2 \nPage 1 of 1 Item # 5 Attachment number 3 \nPage 1 of 4 Item # 5 Attachment number 3 \nPage 2 of 4 Item # 5 Attachment number 3 \nPage 3 of 4 Item # 5 Attachment number 3 \nPage 4 of 4 Item # 5 Engineering Services Committee Meeting 7/8/2013 1:00 PM CNG Maintenance Services Department:Environmental Services Caption:Approve bid item #13-126 and contract for CNG maintenance services to Atlanta Gas and Light (AGL) Resources. Background:The Environmental Services Department installed the first of several public CNG stations which went online and became operational as of June 1, 2013. Operations are currently limited to internal/contracted customers associated with the solid waste collections contract. This station will initially be used to fuel a fleet of approximately 50 garbage trucks with plans to expand the municipal fleet and to market the station to private companies. Augusta has initial plans of installing at least one and possibly two additional stations in the near future. The CNG station is currently owned and overseen by the Environmental Services Department (ESD). At this time, the ESD is relying on the contractor who installed the system along with the manufacturer to support maintenance on the system. This serves us in the short-term, but is not suited to maintaining the station in the most effective and efficient manner. The Environmental Services Department released and Bid for CNG Station Maintenance Services on February 11, 2013. Bids were received and a contract has been negotiated with the compliant proposer. Analysis:At this point, the CNG station is a critical element to the operations of solid waste program. All the trucks operating under contract to Augusta run on CNG. With only one station currently built, this makes this infrastructure essential to operations. The maintenance contract requires 24 hour monitoring of the station, as well as emergency response times of 2 hours or less, in the event that the station becomes non-operational. Additionally, the CNG station requires periodic preventive maintenance and service to ensure efficient and continuous operation of the station. Augusta will perform daily inspections and report any findings to AGL. Additional stations will require the same maintenance and service once they are installed and operational. Today, Augusta does not have qualified technicians who are trained and able to service the CNG station(s). Cover Memo Item # 6 Financial Impact:To fund this project, monies will need to be transferred from 542- 04-4110/5319140 to 542-04-4110/5223112. For the remaining portion of the year, we have allocated $75,000. For future years of the contract, the ESD will work with the contractor to develop an annual budget and submit that for approval through the annual budget process. Alternatives:1. Hire and train staff to perform maintenance. Recommendation:Approve bid item #13-126 and contract for CNG maintenance services to Atlanta Gas and Light (AGL) Resources. Funds are Available in the Following Accounts: 2013 - Transfer $75,000 from 542-04-4110/5319140 to 542-04- 4110/5223112. For future years, budget through the annual budget process. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Invitation to Bid Sealed bids will be received at this office on Friday, April 26, 2013 @ 11:00 a.m. for furnishing: Bid Item 13-126 CNG Maintenance Services for Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, April 8, 2013 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle March 14, 21, 28, April 4, 2013 Metro Courier March 20, 2013 Revised: 3/7/2013 Attachment number 1 \nPage 1 of 1 Item # 6 Vendors: AGL Resources P. O. Box 4569 Atlanta, GA 30302 ZeitEnergy 1717 Mckinney Ave Suite 700 Dallas, TX 75202 Attachment B Yes Yes E-Verify Number 63448 No SAVE Form Yes Yes CNG Maintenance Services Base Charge $450.00/ Per month Non- Compliant Hourly Rate $90.00 Bid Item #13-126 CNG Maintenance Services For the City of Augusta - Environmental Services Department Bid Opening Date: Friday, April 26, 2013 at 11:00 a.m. Page 1 of 1 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 6 Attachment number 3 \nPage 1 of 1 Item # 6 Attachment number 4 \nPage 1 of 3 Item # 6 Attachment number 4 \nPage 2 of 3 Item # 6 Attachment number 4 \nPage 3 of 3 Item # 6 Attachment number 5 \nPage 1 of 8 Item # 6 Attachment number 5 \nPage 2 of 8 Item # 6 Attachment number 5 \nPage 3 of 8 Item # 6 Attachment number 5 \nPage 4 of 8 Item # 6 Attachment number 5 \nPage 5 of 8 Item # 6 Attachment number 5 \nPage 6 of 8 Item # 6 Attachment number 5 \nPage 7 of 8 Item # 6 Attachment number 5 \nPage 8 of 8 Item # 6 Engineering Services Committee Meeting 7/8/2013 1:00 PM Maintenance Highway Agreement – GDOT – Doug Bernard Department:Abie Ladson, PE Director Caption:Motion to accept maintenance responsibilities from the Georgia Department of Transportation for the portion of Tobacco Road between Mike Padgett Highway (Hwy 56) and Doug Barnard Parkway, which is currently designate Highway 56 Spur. Background:At its January 15, 2013 meeting, the Augusta Commission passed a resolution to accept maintenance responsibilities for the portion of the Highway 56 Spur known as Doug Barnard Parkway. The purpose of this acceptance was to allow Augusta, Georgia to install streetscape and gateway elements between Augusta Regional Airport and Gordon Highway that, while being uniform with other streetscape corridors in the county, would not necessarily meet current Georgia DOT guidelines. This request was submitted to Georgia DOT Planning office in Atlanta, which commented that only accepting the Doug Barnard Parkway portion without accepting the Tobacco Road portion of Highway 56 Spur would create a non-connective element of the state route system which is contrary the mission of Georgia DOT. Therefore, they requested that we include the Tobacco Road portion in our request in order to allow the proposed project to move forward. Analysis:Accepting the Tobacco Road portion of Highway 56 Spur into the county road system will allow the gateway project along Doug Barnard Parkway to move forward and beautify one of our more visible corridors to out-of-town visitors Financial Impact:The cost of periodic resurfacing and routine maintenance consistent with what the county is currently responsible for along the rest of Tobacco Road. Alternatives:1) Approve request and allow gateway project along Doug Barnard Parkway to move forward. 2) Do not approve. Recommendation:Approve Alternative Number One.Cover Memo Item # 7 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Engineering Services Committee Meeting 7/8/2013 1:00 PM Meeting time for all committees Department:Clerk of Commission Caption:Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013) (Referred from the June 18 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 1 Item # 8 Attachment number 2 \nPage 1 of 1 Item # 8 Engineering Services Committee Meeting 7/8/2013 1:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on June 10, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 3 Item # 9 Attachment number 1 \nPage 2 of 3 Item # 9 Attachment number 1 \nPage 3 of 3 Item # 9 Engineering Services Committee Meeting 7/8/2013 1:00 PM Motion to Approve Option for the Purposes of Acquiring a Right-of-Way Department:Law Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Howard Trotter, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 98, consisting of 0.041 acre (1,777.63 sq. ft.) in fee and N/A acre of permanent construction & maintenance easement, more or less. Also granted is (are) N/A temporary driveway easement(s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4624 Windsor Spring Road, private, at the purchase price of $500.00. Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Windsor Spring Road, Phase V, STP00-1105-00(004) Project Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 324-04-1110-5411120 203824768-5411120 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 10 Administrator. Clerk of Commission Cover Memo Item # 10 Attachment number 1 \nPage 1 of 5 Item # 10 Attachment number 1 \nPage 2 of 5 Item # 10 Attachment number 1 \nPage 3 of 5 Item # 10 Attachment number 1 \nPage 4 of 5 Item # 10 Attachment number 1 \nPage 5 of 5 Item # 10 Engineering Services Committee Meeting 7/8/2013 1:00 PM Motion to Approve Option for the Purposes of Acquiring a Right-of-Way Department:Law Department Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way between Gary Leonard, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project Parcel 77, consisting of 0.072 acre (3,125.83 sq. ft.) in fee and 0.047 acre (2,038.64 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) one (1) temporary driveway easement(s) on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4652 Windsor Spring Road, private, at the purchase price of $3,100.00. Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia, for the Windsor Spring Road, Phase V, STP00-1105-00(004) Project Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the Motion. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S) 324-04-1110-5411120 203824768-5411120 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 11 Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 4 Item # 11 Attachment number 1 \nPage 2 of 4 Item # 11 Attachment number 1 \nPage 3 of 4 Item # 11 Attachment number 1 \nPage 4 of 4 Item # 11 Engineering Services Committee Meeting 7/8/2013 1:00 PM On-Call Concrete Repair, Concrete Construction, Emergency Repair (Bid 11-159) Department:Abie Ladson, PE Director Caption:Approve $1,500,000 to continue the funding for the current On- Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage and Suburban Forces account as requested by AED. Background:Due to the continuing increase in repairs to aging infrastructures and sidewalks within the county, AED has determined to continue to supplement its engineering resources with an On-Call Contract that include concrete repairs, concrete construction, and emergency repair services. Timely repairs are extremely important to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:On February 7, 2012, the Augusta Commission approved the On- Call Concrete Repair, Concrete Construction & Emergency Repair Contract to Horizon Construction, Larry McCord, LLC, and SITEC LLC. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $1,000,000 Grading & Drainage (328-041110-211828001), and $500,000 Suburban Forces (328-041110-211828007) to be transferred to On-Call Concrete Construction & Emergency Repair Services Contract upon Commission approval. Alternatives:(1) Approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage and Suburban Forces account as requested by AED. (2) Do not approve. Recommendation:Approve alternative number one.Cover Memo Item # 12 Funds are Available in the Following Accounts: 328-041110-211828001 & 328-041110-211828007 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project change is authorized to CPB#N/A. This request is to approve $1,500,000 and a two-year extension to continue to fund the current contract services that include Funding is available in the Grading & Drainage ($1,000,000), and Suburban Forces ($500,000) Phase VI accounts respectively. Contract services to Horizon Construction, Larry McCord, LLC and Sitec, LLC. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Grading and Drainage 2,650,000$ Sidewalks-Rehab-Replacement 350,000$ Suburban Forces-Resurfacing 950,000$ Resurfacing Contracts 500,000$ 4,450,000$ Section 3: The following amounts are appropriated for the project: By Basin By District Varies Varies Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) emergency concrete construction, concrete repair, andemergency repair services. 1.13.2012 Attachment number 1 \nPage 1 of 3 Item # 12 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) 1.13.2012 Attachment number 1 \nPage 2 of 3 Item # 12 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) CPB AMOUNT ADDITION CPB AMOUNT SOURCE OF FUNDS CPB REQUEST GRADING & DRAINAGE PHASE VI $1,650,000 $1,000,000 $2,650,000 SUBURBAN FORCES RESURFACING PHASE VI $450,000 $500,000 $950,000 SIDEWALKS-REHAB-REPLACEMENT $350,000 $350,000 RESURFACING CONTRACTS $500,000 $500,000 TOTAL SOURCES: $2,950,000 $1,500,000 $4,450,000 USE OF FUNDS CONTINGENCY PHASE VI $2,950,000 $1,500,000 $4,450,000 TOTAL USES: $2,950,000 $1,500,000 $4,450,000 1.13.2012 Attachment number 1 \nPage 3 of 3 Item # 12 Attachment number 2 \nPage 1 of 2 Item # 12 Attachment number 2 \nPage 2 of 2 Item # 12 Request for Proposal Request for Proposals will be received at this office until Friday, December 2, 2011 @ 11:00 a.m. for furnishing: RFP Item #11-159 On-Call Concrete Repair, Concrete Construction & Emergency Repair for Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, November 14, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Bidders are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 20, 27, November 3, 10, 2011 Metro Courier October 27, 2011 cc: Tameka Allen Deputy Administrator Abie Ladson Engineering Department Hameed Malik Engineering Department Revised: 8/15/2011 Attachment number 3 \nPage 1 of 1 Item # 12 VENDORS Attachment B E-Verify #Addendum Original 7 Copies Fee Proposal Horizon Construction Po Box 798 Evans, GA 30809 Yes HHEN4748 Yes Yes Yes Yes Larry L Mccord LLC Design/Build 2016 Highland Avenue Augusta, GA 30904 Yes LMCC8957 Yes Yes Yes Yes Mabus Bros. Construction 920 Molly Pond Road Augusta, GA 30901 Yes 91818 Yes Yes Yes Yes Sitec LLC 217 Fairfield Street Aiken, SC 29801 Yes 212379 Yes Yes Yes Yes Contract Management Inc 1827 Killingsworth Road Augusta, GA 30904 Continental Construction 4190 Crosstown Court Evans, GA 30809 Ammar Construction P O Box 1877 Evans, GA 30809 Beam’s Contracting 2335 Atomic Road Beech Island, SC 29842 Blair Construction P.O. Box 770 Evans, GA 30809 C & H Paving, Inc. 167 Knox Rivers Road Thomson, GA 30824 Harris Construction 1736 Barton Chapel Road Augusta, GA 30909 International Construction 4205 Hard Scrabble Road Columbia, SC 29223 J&B Construction & Srvc Inc 3550 Gordon Highway Grovetown, GA 30813 JBC Construction 118 N Belair Road Suite 1 Evans, GA 30809 LJ Inc 220 Stoneridge Drive Suite 405 Columbia, SC 29210 RFP Item #11-159 On-Call Concrete Repair, Concrete Construction & Emergency Repair for Augusta, Georgia - Engineering Department RFP Due: Friday, December 2, 2011 @ 11:00 a.m. Submitted No Bid Response Non-Compliant Attachment B is not Properly Notorized Did not acknowledge Addendum Page 1 of 2 Attachment number 4 \nPage 1 of 2 Item # 12 VENDORS Attachment B E-Verify #Addendum Original 7 Copies Fee Proposal RFP Item #11-159 On-Call Concrete Repair, Concrete Construction & Emergency Repair for Augusta, Georgia - Engineering Department RFP Due: Friday, December 2, 2011 @ 11:00 a.m. Palmetto Site/Traksouth 1190 Interstate Parkway Augusta, GA 30919 Reeves Construction P.O. Box 1129 Augusta, GA 30903 Sikes Brothers, Inc 150 Aline Avenue Metter, GA 30439 T. B. Bulldozing, Inc 1579 Edgefield Highway Aiken, SC 29801 Page 2 of 2 Attachment number 4 \nPage 2 of 2 Item # 12 Attachment number 5 \nPage 1 of 2 Item # 12 Attachment number 5 \nPage 2 of 2 Item # 12 Attachment number 6 \nPage 1 of 3 Item # 12 Attachment number 6 \nPage 2 of 3 Item # 12 Attachment number 6 \nPage 3 of 3 Item # 12 Evaluation Criteria PTS Horizon Construction Po Box 798 Evans, GA 30809 Larry L Mccord LLC Design/Build 2016 Highland Avenue Augusta, GA 30904 Mabus Bros. Construction 920 Molly Pond Road Augusta, GA 30901 Sitec LLC 217 Fairfield Street Aiken, SC 29801 1) Qualifications of company (company profile).15.0 13.0 12.3 13.3 12.7 2) Qualifications and experience of key professionals that will be assigned to the projects. 15.0 11.3 12.0 12.0 13.0 3) Specific relevant experience of your company.15.0 13.3 10.0 12.3 14.3 4) A detailed description of prior type services rendered 30.0 25.3 19.3 16.7 24.7 5) References (include specific individuals with addresses and telephone numbers). 10.0 8.3 5.0 6.7 8.3 6) Proposal fees - Lowest - 10 - Second Lowest - 8 - Third Lowest - 6 - fourth - 4 - fifth - 2 10.0 10.0 8.0 4.0 6.0 7) Proximity to Augusta (5 points) - Within Augusta-Richmond County - 5 - Within the CSRA - 4 - Within Georgia - 3 - Within SE United States (includes AL, TN, NC, FL) - 2 - All Others - 1 5.0 4.0 5.0 5.0 4.0 Total 100.0 85.3 71.7 70.0 83.0 Cumulative Evaluation Sheet RFP Item #11-159 On-Call Concrete Repair, Concrete Construction & Emergency Repair Augusta, Georgia - Engineering Department Attachment number 7 \nPage 1 of 1 Item # 12 Attachment number 8 \nPage 1 of 2 Item # 12 Attachment number 8 \nPage 2 of 2 Item # 12 Engineering Services Committee Meeting 7/8/2013 1:00 PM Thermoplastic Material Purchase Department:Engineering Department/ Traffic--Abie Ladson Caption:Motion to receive as information Traffic Engineering’s purchase of thermoplastic striping material. Background:The Traffic Division of the Engineering Department is responsible for maintaining the striping on all county roads. As such, through the years, traffic engineering has purchased thermoplastic from an annual bid throughout the year. To that end, Traffic has ordered $30,910 worth of materials from the State of Georgia's contract. This amount is within our annual budget but, triggers the amount at which the commission must be informed of the purchase. Analysis:This material is essential to operation of the Striping Section of the Traffic Engineering Division. Financial Impact:Material will be purchased from the State of Georgia’s contract No. SWC #DOT0000144 –0001 with Crown Technology in the amount of $30,910. Alternatives:None, for informational purposes only Recommendation:Receive as information Funds are Available in the Following Accounts: 101041710/5311630 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 13 Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 Attachment number 2 \nPage 1 of 1 Item # 13 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 5 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 6 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 7 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 8 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 9 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 1 0 o f 1 1 It e m # 1 3 At t a c h m e n t n u m b e r 3 \ n P a g e 1 1 o f 1 1 It e m # 1 3 Engineering Services Committee Meeting 7/8/2013 1:00 PM Transportation Investment Act Funded Projects Delivery Department:Engineering Department-Abie L. Ladson, P.E., CPESC Caption:Motion to authorize the Mayor to execute appropriate intergovernmental agreements (IGA) between Augusta, Georgia and the Georgia Department of Transportation at the discretion of the Augusta Law Department to allow the Augusta Engineering Department (AED) to manage, deliver, and be reimbursed for individual projects funded through the Transportation Investment Act of 2010 (TIA; aka, TSPLOST). Also, approve i) allocating $2 Million from General Fund Balance Fund and $1 from TIA discretionary funds (that will be reimbursed to the appropriate funds) as Reserve Fund for upfront funding of TIA local delivery projects; and ii) evaluate reserve funding for TIA local delivery projects at the end of 12-month period following IGA execution by both parties. Background:The “Approved Investment List” of TIA was approved by voters of the CSRA on July 31, 2012. While ultimate delivery of all TIA projects delivery is the responsibility of Georgia DOT, local governments may also manage and deliver TIA Projects by entering into an IGA with Georgia DOT. There were a total of 50 projects on the Approved Investment List in Richmond County (see attached List for details) and AED is proposing partial or full “Local Deliver” on 39 projects which would therefore require 39 individual IGAs. Analysis:AED is certified by Georgia DOT under their Local Administered Projects program to deliver TIA projects and a significant number of TIA projects are already in the design phase and being managed by AED. The IGA provides a reimbursement mechanism to complete these projects under local management. Therefore, execution of the IGAs is a critical step for TIA fund utilization by Augusta, Georgia and approval of this motion will streamline this process. It should be noted that new individual contracts with consultants and contractors would still be brought before commission for approval after selection. To ensure Commissioners are kept informed on the status of the TIA local delivered projects, AED will provide quarterly update status report to commission for informational purposes. Cover Memo Item # 14 Financial Impact:The $2 million to be used to initailly cash flow the projects would be transfered from the General Fund, with an additional $1 million being transfered from TIA discretionary funds. If funding is available at the end of the 12 month period the funds would be transfered back to the General Fund, otherwise funds would be transfered back to the General Fund and the TIA discrestionary fund at the end of the project. Any Transportation Act of 2010 (TIA, aka TSPLOST) projects managed by the county are funded on a reimbursement bases from the Department of Transportation. The criteria for reimbursement include: 1. The execution of Local Government Agreement between Georgia Department of Transportation and Augusta. This agreement is required to be executed prior to beginning any work. 2. Project band is currently funded. GaDOT has stated that if county management is approved, counties could start a project earlier that proposed, however reimbursement would not be available until the band is funded. I.E. a band 3 project could be started in the band 1 timeframe, but reimbursement would be limited to design and Right of way expenses. 3. TIA funds being available. If not enough funds have been collected, or if funds have been disbursed for other projects, reimbursement to Augusta would be delayed. An extended delay in reimbursement could have the potential of creating a signigicant cash flow problem. We would attempt to mitigate this delay by proper scheduling of projects and closely monitoring cash flows. Project costs are based on 2011 dollars and actual project costs will be higher. Any project cost overruns beyond TIA funding would be Augusta's responsibility. Alternatives:1) Motion to authorize the Mayor to execute appropriate IGAs between Augusta, Georgia and Georgia DOT, at the discretion of the Augusta Law Department to allow AED to manage, deliver, and be reimbursed for individual projects funded through TIA (aka, TSPLOST). Also, approve i) allocating reimbursable $2 Million from Fund Balance Fund as Reserve Fund for upfront funding TIA local delivery projects; and ii) evaluate reserve funding for TIA local delivery projects at the end of 12-month period following IGA execution by both parties. 2) Do not approve and let Georgia DOT deliver all TIA projects and eliminate local involvement. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: TIA Funds Account - Fund 335 Transfers from General Fund Balance Fund 101) and TIA Discretionary Funds (Fund 241) REVIEWED AND APPROVED BY:Cover Memo Item # 14 Cover Memo Item # 14 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # 1 4 -1- TRANSPORTATION INVESTMENT ACT OF 2010 PROJECT AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION and [LOCAL GOVERNMENT][1] This Agreement, made and entered into this _________ day of _____________________ 2013 (“Effective Date”), by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter referred to as the "DEPARTMENT", and [LOCAL GOVERNMENT NAME] [1], GEORGIA, acting by and through its Mayor and City Council or Board of Commissioners, as the case may be, hereinafter referred to as the "LOCAL GOVERNMENT". WHEREAS, pursuant to O.C.G.A. § 48-8-240 et. seq., the General Assembly adopted the Transportation Investment Act of 2010 (hereinafter referred to as the “ACT”); WHEREAS, the LOCAL GOVERNMENT has been approved by the DEPARTMENT to carry out a Project on the Approved Investment List(s) of special district ____________________ as approved by the final regional transportation roundtable for the special district and provided to the Director of Planning in accordance with O.C.G.A. § 48-8-243(b), which consists of all or part of the design, acquisition of right of way, construction, operation and maintenance of [include a general description of the Project from the Approved Investment List, Reference phase],[2] PROJECT NUMBER XXXXXX, P.I. xxxxxx,[3] hereinafter referred to as the "PROJECT"; and WHEREAS, in accordance with O.C.G.A. § 48-8-249(b)(1) and an Intergovernmental Agreement between the DEPARTMENT and the GEORGIA STATE FINANCING AND INVESTMENT COMMISSION (hereinafter referred to as “GSFIC”) dated January 1, 2013 the DEPARTMENT is authorized to manage the execution, schedule, budget and delivery of the Projects on the Approved Investment List(s) for the special district; and WHEREAS, in accordance with O.C.G.A. § 48-8-249(c)(4), the DEPARTMENT has made the determination that the LOCAL GOVERNMENT has the requisite experience to undertake the PROJECT as set forth in the Local Project Delivery Application form, Appendix A, attached hereto and incorporated herein by reference; and WHEREAS, the LOCAL GOVERNMENT has indicated that it is qualified and experienced to provide such services necessary for all or part of the design, acquisition of right of way, construction, operation and maintenance of the PROJECT and the DEPARTMENT has relied upon such representations; and WHEREAS, pursuant to provisions of O.C.G.A. § 48-8-249(b), GSFIC is authorized to dispense special district transportation sales and use tax proceeds upon the receipt of certified invoices from the DEPARTMENT of the completion of an Eligible PROJECT Cost, as herein defined, as reimbursement to the DEPARTMENT; and WHEREAS, the Georgia Constitution authorizes intergovernmental agreements whereby state and local entities may contract with one another “for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services or facilities which the parties are authorized by law to undertake or provide.” Ga. Constitution Article IX, §III, ¶I(a). Attachment number 2 \nPage 1 of 29 Item # 14 -2- NOW, THEREFORE, in consideration of the mutual promises and the benefits to flow from one to the other, the DEPARTMENT and the LOCAL GOVERNMENT do hereby agree as follows: ARTICLE I SCOPE AND PROCEDURE A. General Scope and Procedures. The SCOPE AND PROCEDURE for this PROJECT shall be [include a general description of the Project from the Approved Investment List, including phase][2], The LOCAL GOVERNMENT shall be responsible for assuring that the PROJECT will be economically feasible and that the design and construction will be based upon sound engineering principles, meet American Association of State Highway and Transportation Officials ("AASHTO") Guidelines and will be sensitive to ecological, environmental and archaeological issues. The LOCAL GOVERNMENT shall also be responsible for assuring that the PROJECT meets and complies with the scope as defined in the Approved Investment List. It is understood and agreed that the reimbursement for the PROJECT shall be dependent on the DEPARTMENT’s review and approval of the certified vouchers and contingent upon the availability of special district transportation sales and use tax proceeds, as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT shall work with the DEPARTMENT or its designees as may be designated by the DEPARTMENT at a later date, who will advise the LOCAL GOVERNMENT on the work scope and provide guidance and required approvals during implementation of the PROJECT. B. Local Project Delivery Application. The LOCAL GOVERNMENT has submitted its Local Project Delivery Application to administer the PROJECT, attached hereto as Appendix A. The DEPARTMENT’S State TIA Administrator has reviewed, confirmed and approved the Local Project Delivery Application for the LOCAL GOVERNMENT to develop the PROJECT within the scope of its certification. Expenditures incurred by the LOCAL GOVERNMENT prior to the execution of this AGREEMENT or expenditures made pursuant to other funding agreements shall not be reimbursed by the DEPARTMENT. C. Applicable Laws, Regulations and Standards. During the duration of the PROJECT and this Agreement, the LOCAL GOVERNMENT has and will taken into consideration, and has and will comply with, as applicable, the DEPARTMENT'S Transportation Investment Act of 2010 Manual – Processes and Procedures, available on the DEPARTMENT’s website, and as may be amended or supplemented from time to time and including addenda (hereinafter referred to as “TIA Manual”), and other standards and guidelines as may be applicable to the PROJECT. The DEPARTMENT may in its sole discretion waive certain requirements set forth in the TIA Manual unilaterally or upon receipt of a written request from the LOCAL GOVERNMENT. D. Notices to Proceed. The work shall be carried on in accordance with the schedule attached to this Agreement as "Exhibit A" WORK SCHEDULE with the understanding that unforeseen events may make necessary some minor variations in that schedule. The DEPARTMENT may request additional or updated information and documentation regarding the WORK SCHEDULE from the LOCAL GOVERNMENT at any time. No work on any phase of the PROJECT shall begin without a written notice to proceed from the DEPARTMENT to the LOCAL GOVERNMENT for each of the following separate phases: (1) Preliminary Engineering Activities – Concept Report Approval (2) Preliminary Engineering Activities – Field Plan Review Approval (3) Right of Way Attachment number 2 \nPage 2 of 29 Item # 14 -3- (4) Construction – Notice to Advertise (5) Construction – Notice to Proceed (6) Transit – Operations Per Year (if applicable) Each Notice to Proceed will contain a Completion Date for that phase, which shall be binding. If unforeseen conditions are encountered and an extension of the completion date is warranted, the LOCAL GOVERNMENT may request in writing an extension of the completion date for written approval by the DEPARTMENT. E. Preliminary Engineering Activities. The LOCAL GOVERNMENT/DEPARTMENT shall be solely responsible for the Preliminary Engineering (“PE”) activities for the PROJECT. The PE activities shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $____________ for eligible PE costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. PE costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible PE costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible PE costs shall be issued and signed by the Parties. F. Right of Way Acquisition. The DEPARTMENT shall be solely responsible for Right of Way Acquisition. -or- The LOCAL GOVERNMENT shall be solely responsible for Right of Way Acquisition. The Right of Way (hereinafter referred to as “ROW”) activities shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $____________ for eligible ROW costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. ROW costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Right of Way costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Right of Way costs shall be issued and signed by the Parties. Upon approval of the ROW plans by the DEPARTMENT, the LOCAL GOVERNMENT may begin the acquisition of the necessary ROW for the PROJECT. ROW acquisition can occur concurrently with the environmental process once final impacts are known, provided that the DEPARTMENT has provided a written notice to proceed to the LOCAL GOVERNMENT to stake the ROW and proceed with all pre-acquisition ROW activities. LOCAL GOVERNMENT shall acquire ROW, if required, and related ROW services for the PROJECT. Further, the LOCAL GOVERNMENT shall be responsible for making all changes to the approved Attachment number 2 \nPage 3 of 29 Item # 14 -4- ROW plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to purchase the ROW or to match actual conditions encountered. Reimbursement of acquisition expenses will be eligible on a monthly basis. After completion of all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the PROJECT, the LOCAL GOVERNMENT shall certify in writing to the DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has been quitclaimed from the LOCAL GOVERNMENT to the DEPARTMENT where PROJECT is located on a federal or state route, and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that “All parcels are vacant and immediately available for construction purposes”. The LOCAL GOVERNMENT agrees to pay for the defense of any and all suits, if any should arise, involving property titles and/or contaminated properties associated with the acquisition of ROW by deed or condemnation. The LOCAL GOVERNMENT hereby agrees to indemnify and hold harmless the DEPARTMENT, the State of Georgia and its departments, agencies and instrumentalities and all of their respective officers, members, employees and directors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to due to liability to a third party or Parties, arising from, related to, or caused by property titles and/or contaminated properties associated with the acquisition of ROW by deed or condemnation. G. Utility/Railroad Activities. The LOCAL GOVERNMENT/DEPARTMENT shall be solely responsible for the Utility/Railroad Activities for the PROJECT. The Utility/Railroad Activities shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $____________ for eligible Utility/Railroad Activities costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Utility Activities costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Utility/Railroad costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Utility/Railroad costs shall be issued and signed by the Parties. H. Construction. The LOCAL GOVERNMENT/DEPARTMENT shall be solely responsible for Construction. Construction shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $___________ for eligible Construction costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Construction costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Construction costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Construction costs shall be issued and signed by the Parties. Attachment number 2 \nPage 4 of 29 Item # 14 -5- The LOCAL GOVERNMENT shall ensure that all contracts as well as any subcontracts for the construction and implementation of the PROJECT shall comply with the applicable State legal requirements imposed on the DEPARTMENT and any amendments thereto. The LOCAL GOVERNMENT is required and does agree to abide by those provisions governing the DEPARTMENT's authority to contract Sections 32-2-60 through 32-2-77 of the Official Code of Georgia Annotated; the DEPARTMENT's Rules and Regulations governing the Prequalification of Prospective Bidders, Chapter 672-5; the DEPARTMENT's Standard Specifications and Special Provisions, 2001 Edition, as amended in the DEPARTMENT’s Supplemental Specifications Book, current edition; and any Supplemental Specifications and Special Provisions as applicable for the PROJECT. The LOCAL GOVERNMENT shall be solely responsible for Letting the PROJECT to construction, for the execution of all applicable agreements, and for securing and awarding the construction contract for the PROJECT after the following items have been completed and submitted by the LOCAL GOVERNMENT to the DEPARTMENT: 1. Submittal of acceptable PE activity deliverables for the PROJECT as noted in the TIA Manual; and 2. Providing the necessary certifications as set forth in the TIA Manual. The work can be performed by the LOCAL GOVERNMENT or can be subcontracted through the appropriate procurement process to a private contractor or government entity as may be appropriate. If the work is performed by a private contractor, the LOCAL GOVERNMENT is responsible for preparing the bid contract documents and letting the work out for bid in accordance with the express limitations as provided in Part 2 of Chapter 4 of Article 3 of Title 32 or any other applicable provisions of State law. Upon opening bids, the LOCAL GOVERNMENT shall award the PROJECT to the lowest reliable bidder. The LOCAL GOVERNMENT shall provide the above deliverables and certifications and shall follow the requirements of the DEPARTMENT’s TIA Manual. Prior to award of the PROJECT, the LOCAL GOVERNMENT shall submit to the DEPARTMENT a bid tabulation and the LOCAL GOVERNMENT’s recommendation for awarding the PROJECT. The DEPARTMENT will review the information focusing on budget proposals and issue a written recommendation to award or reject the bids. If a recommendation to award is given by the DEPARTMENT a written Notice to Proceed with Construction will be issued. No work shall begin until this Notice to Proceed has been issued to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT will be responsible for performing the construction, inspection, supervision and documentation. At the discretion of the DEPARTMENT, spot inspection and material testing will be performed by the DEPARTMENT when deemed necessary by the DEPARTMENT and pursuant to the TIA Manual. I. Transit Projects – Capital Improvement, Operations and Maintenance. The LOCAL GOVERNMENT/DEPARTMENT shall be solely responsible for Transit Projects. Transit Projects shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, all applicable federal and state laws (including but not limited to 49 USC 5307) and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $____________ for eligible Transit Project costs, contingent upon the Attachment number 2 \nPage 5 of 29 Item # 14 -6- availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Transit Project costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. Transit Operational Plans must be submitted yearly at the end of the calendar year and are subject to the written approval of the DEPARTMENT. A yearly operations plan will be included in EXHIBIT A and will be updated annually by the LOCAL GOVERNMENT and approved by the DEPARTMENT before a Notice to Proceed will be issued for the subsequent year. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Transit costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Transit costs shall be issued and signed by the Parties. J. Airport Projects – Capital Improvements and Construction. The LOCAL GOVERNMENT/DEPARTMENT shall be solely responsible for Airport Projects. Airport Projects shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, all applicable federal and state laws and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed $___________ for eligible Airport Project costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Airport Project costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Airport Project costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Airport Project costs shall be issued and signed by the Parties. K. Reporting. During each phase of the PROJECT, the LOCAL GOVERNMENT must submit the following to the DEPARTMENT on a monthly basis: Estimated Costs to Complete and the Estimate Costs at Completion on a monthly basis. ARTICLE II REVIEW OF WORK Authorized representatives of the DEPARTMENT, GSFIC and the Citizens Review Panel as defined in O.C.G.A. § 48-8-251 may at all reasonable times review and inspect the activities and data collected under the terms of this Agreement and amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the LOCAL GOVERNMENT. The DEPARTMENT reserves the right for reviews and acceptance on the part of affected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance shall not relieve the LOCAL GOVERNMENT of its obligation to correct, at its expense, any of its errors in the work. The DEPARTMENT's review recommendations shall be incorporated into the work activities of the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall keep accurate records in a manner approved by the DEPARTMENT with regard to the PROJECT and submit to the DEPARTMENT, upon request, such information and documentation as is required in order to ensure compliance with this Article and the ACT. ARTICLE III TERM OF AGREEMENT AND TIME OF PERFORMANCE Attachment number 2 \nPage 6 of 29 Item # 14 -7- A. Term of Agreement. This Agreement will commence on the Effective Date as defined above and continue for a period of ten (10) years, unless terminated earlier by either Party in accordance with the termination provisions set forth in Article XI below. B. Time of Performance. TIME IS OF THE ESSENCE IN THIS AGREEMENT. The LOCAL GOVERNMENT shall perform its responsibilities for the PROJECT, commencing upon receipt from the DEPARTMENT of written Notice to Proceed for each Phase as outline in Article I.D above. C. The work shall be carried on expeditiously, it being understood, however, that this Agreement may be extended or continued in force by mutual consent of the parties and evidenced by a written amendment thereto. If, for any reason, the LOCAL GOVERNMENT does not produce acceptable deliverables in accordance with the approved schedule, the DEPARTMENT reserves the right to take control of the PROJECT and to complete the PROJECT through its own procurement process. ARTICLE IV RESPONSIBILITY FOR CLAIMS AND LIABILITY The LOCAL GOVERNMENT shall, to the extent permitted by law, be responsible for any and all damages to property or persons and shall indemnify and save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the negligence of the LOCAL GOVERNMENT in the performance of the work under this Agreement. It is understood by the LOCAL GOVERNMENT that claims, damages, losses, and expenses may include monetary claims made by the construction contractor for the PROJECT, and its related facilities, that are a result of the LOCAL GOVERNMENT's negligence or improper representation in the plans. The LOCAL GOVERNMENT shall ensure that all provisions of this Article are included in all contracts and subcontracts. These indemnities shall not be limited by reason of any insurance coverage held by the LOCAL GOVERNMENT or the LOCAL GOVERNMENT's contractors or subcontractors. ARTICLE V INSURANCE It is understood that the LOCAL GOVERNMENT is self insured and all claims against LOCAL GOVERNMENT will be handled through ___________________________. Prior to beginning work, the LOCAL GOVERNMENT shall where applicable cause its engineering firms, contractors and subcontractors to obtain and furnish certificates and the endorsement page to the DEPARTMENT for the following minimum amounts of insurance: A. Workers’ Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence. C. Commercial General Liability Insurance of at least $1,000,000 per occurrence $3,000,000 aggregate, including Automobile Comprehensive Liability Coverage with bodily injury in the Attachment number 2 \nPage 7 of 29 Item # 14 -8- minimum amount of $1,000,000 combined single limits each occurrence. GDOT shall be named as an additional insured and a copy of the policy endorsement shall be provided with the insurance certificate. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. D. Where applicable, professional Liability (Errors and Omissions) Insurance with limits not less than the following: i. For Professionals – $1,000,000 per claim and $1,000,000 in aggregate coverage; ii. For Sub-consultant Engineers and Architects – $1,000,000 per claim and $1,000,000 in aggregate coverage; iii. For Other Consultants – $1,000,000 per claim and $1,000,000 in aggregate coverage. iv. Professional liability insurance that shall be either a practice policy or project-specific coverage. Professional liability insurance shall contain prior acts coverage for services performed for this PROJECT. If project-specific coverage is used, these requirements shall be continued in effect for two years following final completion for the PROJECT. The above listed instrument(s) of insurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the PROJECT. ARTICLE VI COMPENSATION AND PAYMENT A. 100% TIA Funded Project. THE LOCAL GOVERNMENT ACKNOWLEDGES THAT THE PROJECT IS 100% FUNDED WITH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS COLLECTED PURSUANT TO THE ACT AND THAT THE DEPARTMENT’S PAYMENT OBLIGATIONS RELATED TO THE PROJECT ARE STRICTLY LIMITED AS SET FORTH HEREIN. THE LOCAL GOVERNMENT FURTHER ACKNOWLEDGES THAT NO ENTITY OF THE STATE OF GEORGIA OTHER THAN THE DEPARTMENT HAS ANY OBLIGATIONS TO THE LOCAL GOVERNMENT RELATED TO THIS PROJECT. THE OBLIGATION OF THE DEPARTMENT TO PAY OR REIMBURSE ANY INCURRED COST IS EXPRESSLY LIMITED TO THE AMOUNT OF SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS REMITTED TO THE DEPARTMENT BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR THE PROJECT. THIS AGREEMENT DOES NOT OBLIGATE THE DEPARTMENT TO MAKE ANY PAYMENT TO THE LOCAL GOVERNMENT FROM ANY FUNDS OTHER THAN THOSE MADE AVAILABLE TO THE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR THE PROJECT. IN THE EVENT THE FUNDS MADE AVAILABLE TO THE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS ARE INSUFFICIENT FOR THE PROJECT AS DESIGNATED BY THE DEPARTMENT, THE DEPARTMENT’S PAYMENT OBLIGATIONS SHALL NOT EXCEED THE AVAILABILITY OF SUCH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AND THE DEPARTMENT SHALL HAVE THE RIGHT AT ITS SOLE DISCRETION TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO THE LOCAL GOVERNMENT WITHOUT FURTHER OBLIGATION OF THE DEPARTMENT TO THE EXTENT THAT THE OBLIGATIONS EXCEED THE AVAILABILITY OF SUCH THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS FOR THE PROJECT AS DESIGNATED BY THE DEPARTMENT. THE DEPARTMENT’S CERTIFICATION AS TO Attachment number 2 \nPage 8 of 29 Item # 14 -9- THE AVAILABILITY OF THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AS DESIGNATED BY THE DEPARTMENT FOR THE PROJECT SHALL BE CONCLUSIVE. Any payments shall be made to the LOCAL GOVERNMENT after receipt of such transportation sales and use tax proceeds from GSFIC. The parties agree that the provisions of the Georgia Prompt Pay Act, O.C.G.A. § 13-11-1 et seq., do not control and that the LOCAL GOVERNMENT waives any and all rights it may have under said Act. The LOCAL GOVERNMENT shall ensure that the provisions of this Article are included in all contracts and subcontracts. To the extent practically possible, the DEPARTMENT will provide notification to the LOCAL GOVERNMENT that this Agreement will be terminated or that the work will be suspended as set forth in Subsection VI.E below, three (3) months prior to the date of the termination or suspension. B. Eligible Project Costs. Any LOCAL GOVERNMENT cost must meet the definition of ELIGIBLE PROJECT COST as set forth in O.C.G.A. § 48-8-249(d) and the Intergovernmental Agreement between GDOT and GSFIC in order to be compensated. C. Budget Estimate. It is understood and agreed that the total costs of the PROJECT as shown in Exhibit "B", BUDGET ESTIMATE, attached hereto and incorporated as if fully set forth herein is the amount established in the Approved Investment List, or [insert actual maximum dollar amount for the Project as established in the Approved Investment List] ($XXX,XXX.XX)[4], This BUDGET ESTIMATE is the maximum amount of special district transportation sales and use tax proceeds that can be made available for the PROJECT, contingent upon the provisions set forth herein. The PROJECT BUDGET ESTIMATE shall include any claims by the LOCAL GOVERNMENT for all costs incurred by the LOCAL GOVERNMENT in the conduct of the entire scope of work for the PROJECT. The LOCAL GOVERNMENT shall be solely responsible for any and all amounts in excess of the BUDGET ESTIMATE or for amounts not available from special district transportation sales and use tax proceeds. It is understood and agreed that nothing in the foregoing shall prevent an adjustment of the BUDGET ESTIMATE at the discretion of the DEPARTMENT, provided that the maximum obligation under this Agreement is not exceeded and that the original intent of the PROJECT is not substantially altered from the approved PROJECT. The LOCAL GOVERNMENT shall submit to the DEPARTMENT a revised BUDGET ESTIMATE whenever the PROJECT estimates for the design, right of way or construction have changed. In order to adjust said BUDGET ESTIMATE, it is also understood that the LOCAL GOVERNMENT shall make such request for any and all budget changes within the confines of the maximum amount established herein, such budget change request shall be in writing and any adjustment of the budget shall be subject to written approval by the DEPARTMENT. If the PROJECT costs are less than the BUDGET ESTIMATE, the LOCAL GOVERNMENT will only be compensated for those incurred ELIGIBLE PROJECT COSTS. The DEPARTMENT reserves the right in its sole discretion to add up to a maximum of two (2%) percent to the overall budget estimate to account for inflation. D. Process For Payment. Attachment number 2 \nPage 9 of 29 Item # 14 -10- The LOCAL GOVERNMENT shall submit to the DEPARTMENT monthly reports of the PROJECT's progress to include a report on what was accomplished during the month, anticipated work to be done during the next month and any problems encountered or anticipated. Payment vouchers for ELIGIBLE PROJECT COSTS will be made monthly on the basis of calendar months and submitted to the DEPARTMENT. The DEPARTMENT shall, at the request of the LOCAL GOVERNMENT, review such payment vouchers. If approved, the vouchers shall be certified by the Commissioner of Transportation or the Commissioner’s designee and submitted to GSFIC along with the DEPARTMENT’S certification. After reimbursement from GSFIC, payment shall be made to the LOCAL GOVERNMENT, subject to the provisions set forth herein. [TO ADD WHEN NEEDED] THE LOCAL GOVERNMENT PLANS TO BEGIN WORK ON THIS PROJECT PRIOR TO THE COMMENCEMENT OF THE BAND ASSIGNED TO THE PROJECT IN THE APPROVED INVESTMENT LIST(S). THE DEPARTMENT HAS NOT APPROVED A BAND CHANGE. THEREFORE, ANY AND ALL INVOICES SUBMITTED TO THE DEPARTMENT WILL NOT BE CERTIFIED BY THE COMMISSIONER OF TRANSPORTATION OR THE COMMISSIONER’S DESIGNEE AND SUBMITTED TO GSFIC UNTIL [INSERT DATE]. PAYMENT WILL BE MADE BASED ON ACTUAL COSTS INCURRED DURING THE YEAR OF EXPENDITURE BY THE LOCAL GOVERNMENT AND WILL NOT INCLUDE ANY INTEREST. PAYMENT REMAINS SUBJECT TO THE AVAILABILITY OF TAX PROCEEDS AS SET FORTH IN MORE DETAIL IN SECTION ARTICLE VI.A ABOVE. FURTHERMORE, THE LOCAL GOVERNMENT MUST STILL COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND STANDARDS AS SET FORTH IN ARTICLE 1.C. ABOVE, INCLUDING BUT NOT LIMITED TO THE TIA MANUAL.The final invoice submitted for each phase of the PROJECT must contain a contained in Appendix E, attached hereto and incorporated by reference. Should the work for the PROJECT begin within any one month, the first voucher shall cover the partial period from the beginning date of the work through the last date of the month in which it began. The vouchers shall be numbered consecutively and subsequent vouchers submitted each month until the work is completed. Payment will be made in the amount of sums earned less previous partial payments contingent entirely upon the availability of special district transportation sales and use tax proceeds as set forth herein. The final invoice shall reflect the actual cost of work accomplished by the LOCAL GOVERNMENT under the terms of this Agreement, and shall be the basis for final payment. The final invoice shall include all ELIGIBLE PROJECT COSTS incurred by the LOCAL GOVERNMENT in all phases. See ARTICLE VII, FINAL PAYMENT for further detail. The final invoice for the PROJECT must contain a certification from the LOCAL GOVERNMENT that all work has been completed in accordance with this Agreement in accordance with the scope as defined in the Approved Investment List, using the form contained in Appendix E, attached hereto and incorporated by reference. Should the work under this Agreement be terminated by the DEPARTMENT, pursuant to the provisions of ARTICLE XI, TERMINATION, or subsection E. herein, the LOCAL GOVERNMENT shall be paid based upon the percentage of work completed at the point of termination, notwithstanding any just claims by the LOCAL GOVERNMENT, and contingent entirely upon the availability of special district transportation sales and use tax proceeds as set forth herein. E. Insufficient Special District Transportation Sales and Use Tax Proceeds. Attachment number 2 \nPage 10 of 29 Item # 14 -11- If the DEPARTMENT determines that there are insufficient special district transportation sales and use tax proceeds remitted to the Department by GSFIC and designated by the Department for the PROJECT, the DEPARTMENT may at in its sole discretion: (1) Terminated this Agreement immediately (and not pursuant to the provisions of Article XI)upon notice to the LOCAL GOVERNMENT and without further obligation on the part of the DEPARTMENT; or (2) Direct the Local Government to stop work under this Agreement. Such stop work suspension shall last for a maximum of ninety (90) days. After this ninety (90) day period, if special district transportation sales and use tax proceeds as designated by the DEPARTMENT for the PROJECT are available or are anticipated to be available, the LOCAL GOVERNMENT will have the option to: (1) continue the work under the Agreement; (2) elect to terminate the Agreement pursuant to the termination provisions set forth in Article XI; or (3) agree to a new stop work suspension period as determined by the Department. No delay damages or consequential damages will be recoverable as a result of any stop work suspension period. ARTICLE VII FINAL PAYMENT Upon completion of the work by the LOCAL GOVERNMENT and acceptance by the DEPARTMENT of the work, including the receipt of any final written submission by the LOCAL GOVERNMENT and a final statement of costs, the DEPARTMENT shall submit the certified final payment voucher to GSFIC and, after receipt of reimbursement from GSFIC, shall pay to the LOCAL GOVERNMENT a sum equal to one hundred percent (100%) of the total compensation as set forth in all approved invoices, less the total of all previous partial payments, paid or in the process of payment, contingent upon the availability of special district transportation sales and use tax proceeds as set forth in ARTICLE VI, COMPENSATION AND PAYMENT. The LOCAL GOVERNMENT agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT or the State for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the DEPARTMENT and the State from any and all further claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with the same. The LOCAL GOVERNMENT will allow examination and verification of costs by the DEPARTMENT and GSFIC’s representative(s) before final payment is made, in accordance with the provisions of Article IX, MAINTENANCE OF CONTRACT COST RECORDS, herein. If the DEPARTMENT or any authorized entity’s examination of the contract cost records, as provided for in Article IX, results in unallowable expenses, the LOCAL GOVERNMENT shall immediately be responsible for reimbursing the DEPARTMENT the full amount of such disallowed expenses. ARTICLE VIII SUBSTANTIAL CHANGES No material changes in the scope, character, complexity, or duration of the PROJECT from those required under the Agreement or from the general description of the PROJECT as approved by the DEPARTMENT shall be allowed without the execution of a written Supplemental Agreement between the DEPARTMENT and LOCAL GOVERNMENT. Attachment number 2 \nPage 11 of 29 Item # 14 -12- Minor changes in the work which do not involve increased compensation, extensions of time, or changes in the goals and objectives of the PROJECT, may be made by written notification of such change by either party with written approval by the other party. ARTICLE IX MAINTENANCE OF CONTRACT COST RECORDS The LOCAL GOVERNMENT shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for seven years from the date of final payment under the Agreement, for inspection by the DEPARTMENT, any authorized entity and any reviewing agencies, and the Citizen Review Panel as referenced in the ACT and copies thereof shall be furnished upon request. The LOCAL GOVERNMENT agrees that the provisions of this Article shall be included in any Agreement it may make with any engineering firm, contractor, subcontractor, assignee, or transferee. An Audit of the PROJECT shall be provided by the LOCAL GOVERNMENT. The audit shall be conducted by an independent accountant or accounting firm in accordance with audit requirements, O.C.G.A. § 36-81-7, as amended. An audit shall be submitted to the DEPARTMENT in a timely manner in each of the LOCAL GOVERNMENT's fiscal years for the period of the Agreement. In addition, the LOCAL GOVERNMENT shall comply with the provisions of O.C.G.A. § 48-8-249(d) in order to provide the necessary information for the independent annual audit of the PROJECT by GSFIC or its representatives(s). ARTICLE X SUBLETTING, ASSIGNMENT, OR TRANSFER The work of the LOCAL GOVERNMENT is considered personal by the DEPARTMENT. The LOCAL GOVERNMENT agrees not to assign, sublet, or transfer any or all of its interest in this Agreement without prior written approval of the DEPARTMENT. The DEPARTMENT reserves the right to review all contracts and subcontracts prepared in connection with the Agreement and maintained by the LOCAL GOVERNMENT, and the LOCAL GOVERNMENT agrees that upon request it shall submit to the DEPARTMENT proposed contract and subcontract documents together with contractor and subcontractor cost estimates in its possession for the DEPARTMENT's review and written concurrence in advance of their execution. ARTICLE XI TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or for any cause or for no cause upon sixty (60) days written notice to the LOCAL GOVERNMENT, notwithstanding any just claims by the LOCAL GOVERNMENT for payment of services rendered prior to the date of termination subject to the provisions of ARTICLE VI COMPENSATION AND PAYMENT Subject to the provisions of ARTICLE VI, COMPENSATION AND PAYMENTS, it is understood by the parties hereto that should the DEPARTMENT terminate this Agreement prior to the completion of a PROJECT or PROJECT Element the LOCAL GOVERNMENT shall be reimbursed for such PROJECT or PROJECT Element contingent upon the availability of special district transportation sales and use tax proceeds as set forth in ARTICLE VI, COMPENSATION AND PAYMENT. Attachment number 2 \nPage 12 of 29 Item # 14 -13- Failure to meet the time set for completion of an approved work authorization may be considered just cause for termination of the Agreement. ARTICLE XII MAINTENANCE AND OPERATIONS OF PROJECT In accordance with the provisions of O.C.G.A. § 32-2-2(a)(1), the DEPARTMENT shall plan, designate, improve, manage, control, construct, and maintain a state highway system and shall have control of and responsibility for all construction, maintenance, or any other work upon the state highway system and all other work which may be designated to be done by the DEPARTMENT by this title or any other law. However, on those portions of the state highway system lying within the corporate limits of any municipality, the DEPARTMENT shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major resurfacing, reconstruction of bridges, erection and maintenance of official department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities. It shall be the duty of the DEPARTMENT to maintain, or cause to be maintained, any project constructed as part of a Federal-aid system. For those projects that are not part of the Federal-aid system, the maintenance responsibility will reside with the LOCAL GOVERNMENT, the county or municipality in which the project is located. Notwithstanding the foregoing, the DEPARTMENT is responsible for inspection of bridges in Georgia, both on and off the State Highway System. The LOCAL GOVERNMENT will be notified by the DEPARTMENT of all deficient bridges under their jurisdiction. It is the responsibility of the LOCAL GOVERNMENT to post load limits signs or close bridges based on the DEPARTMENT bridge inspection reports and the deficient bridge list. Any maintenance activities that are the responsibility of the LOCAL GOVERNMENT pursuant to O.C.G.A. § 32-2-2(a)(1), as set forth herein, or made the subject of other agreements with the DEPARTMENTshall not be reimbursed from special district transportation sales and use tax proceedsexcept as stated herein for Transit projects. The DEPARTMENT reserves the right to conduct periodic site inspections for the purpose of confirming proper operation and maintenance of the PROJECT. The LOCAL GOVERNMENT shall be responsible for the continual maintenance, operation and replacement of all lighting systems installed for the PROJECT. Furthermore, if the PROJECT pertains to or includes a roundabout, the LOCAL GOVERNMENT shall also be responsible for the maintenance and operation of all lighting and the maintenance of all landscaping installed as part of any roundabout construction and shall not be reimbursed from special district transportation sales and use tax proceeds. ARTICLE XIII OWNERSHIP OF DOCUMENTS The LOCAL GOVERNMENT agrees that all reports, drawings, studies, specifications, survey notes, estimates, maps, computations, computer discs and printouts and other data prepared by, of, or for it under the terms of this Agreement shall remain the property of the LOCAL GOVERNMENT upon termination or completion of the work if the work is on a local roadway. The DEPARTMENT shall have the right to use the same without restriction or limitation and without additional compensation to the LOCAL GOVERNMENT other than that provided for in this Agreement. Attachment number 2 \nPage 13 of 29 Item # 14 -14- If the PROJECT is on the state route system, the LOCAL GOVERNMENT agrees that all of the foregoing information shall be provided to the DEPARTMENT and is the sole property of the DEPARTMENT. ARTICLE XIV PUBLICATION AND PUBLICITY Articles, papers, bulletins, data, studies, statistics, interim or final reports, oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of work conducted under this Agreement regarding the TIA Program shall not be presented publicly or published without prior written approval by the DEPARTMENT. All releases of information, findings, and recommendations regardingi the TIA Program shall include a disclaimer provision and that all published reports shall include that disclaimer on the cover and title page in the following form: "The contents in this publication reflect the views of the author(s), who is (are) responsible for the facts and accuracy of the data presented herein. The opinions, findings, and conclusions in this publication are those of the author(s) and do not necessarily reflect the official views or policies of those of the Department of Transportation, State of Georgia. This publication does not constitute a standard, specification or regulation.” If any information concerning the TIA Program, its conduct, results or data gathered or processed should be released by the LOCAL GOVERNMENT without prior approval from the DEPARTMENT, the release of same may constitute grounds for termination of this Agreement without indemnity to the LOCAL GOVERNMENT; but should any such information be released by the DEPARTMENT, or by the LOCAL GOVERNMENT with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. Provided, however, that should the release of such information be required under the Georgia Open Records Act, O.C.G.A. Section 50-18-70, et.seq., the restrictions and penalties set forth herein shall not apply. Any request for information directed to the LOCAL GOVERNMENT, pursuant to the Georgia Open Records Act, for documents that are either received or maintained by the LOCAL GOVERNMENT in the performance of a service or function for or on behalf of the DEPARTMENT shall be released pursuant to provisions of the Open Records Act. Further, the LOCAL GOVERNMENT agrees to consult with the DEPARTMENT prior to releasing the requested documents. ARTICLE XV DBE, SMALL BUSINESS AND VETERAN OWNED BUSINESS A. On May 17, 2012, the DEPARTMENT, acting by and through its Board, passed a resolution in which it: 1) reaffirmed its commitment to Title VI of the 1964 Civil Rights Act of nondiscrimination in the delivery and management of TIA funded projects; and 2) encouraged the use of Disadvantaged Business Enterprises (including minority and woman owned businesses), small businesses, and veteran owned businesses in any project that is funded in whole or in part by TIA funds, and encouraged wherever practical and feasible, the local government or governments that manage TIA funded projects to include the same in its delivery and management of a project. Attachment number 2 \nPage 14 of 29 Item # 14 -15- B. Reference to this resolution shall be included in all contracts entered in by the LOCAL GOVERNMENT related to this PROJECT. C. While there is no DBE, small businesses or veteran owned businesses Goal required, the LOCAL GOVERNMENT is required to provide the following information monthly to the DEPARTMENT regarding whether it utilized any DBE (as defined in forth in 49 CFR Part 26), small business (as defined in 13, CRR Part 121) or veteran owned, along with the following information: 1) The names and addresses of DBE firms, small businesses or veteran owned businesses committed to participate in the Contract; 2) A description of the work each DBE firm, small business or veteran owned business will perform; and 3) The dollar amount of the participation of each DBE firm, small business or veteran owned business participating. ARTICLE XVI The Parties acknowledge that the documents listed below are hereby incorporated into and made a part of this Agreement as though expressly written herein: (1) TIA Manual; and (2) Department’s “TIA Invoice Process”, as may be amended from time to time; and (3) Intergovernmental Agreement between the Georgia Department of Transportation and the and Georgia State Financing and Investment Commission with an Effective Date of January 1, 2013. ARTICLE XVII A. ASSIGNMENT. Except as herein provided, the Parties hereto will not transfer or assign all or any of their rights, titles or interests hereunder or delegate any of their duties or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. B. NON WAIVER. No failure of either Party to exercise any right or power given to such Party under this Agreement, or to insist upon strict compliance by the other Party with the provisions of this Agreement, and no custom or practice of either Party at variance with the terms and conditions of this Agreement, will constitute a waiver of either Party's right to demand exact and strict compliance by the other Party with the terms and conditions of this Agreement. C. CONTINUITY. Each of the provisions of this Agreement will be binding upon and inure to the benefit and detriment of GDOT and the LOCAL GOVERNMENT and the successors and assigns of GDOT and the LOCAL GOVERNMENT. D. TIME OF THE ESSENCE. All time limits stated herein are of the essence of this Agreement. E. PREAMBLE, RECITALS AND EXHIBITS. The Preamble, Recitals and Exhibits hereto are a part of this Agreement and are incorporated herein by reference. Attachment number 2 \nPage 15 of 29 Item # 14 -16- F. SEVERABILITY. If any one or more of the provisions contained herein are for any reason held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. G. CAPTIONS. The brief headings or titles preceding each provision hereof are for purposes of identification and convenience only and should be completely disregarded in construing this Agreement. H. GEORGIA AGREEMENT. This Agreement will be governed, construed under, performed and enforced in accordance with the laws of the State of Georgia. Any dispute arising from this contractual relationship shall be governed by the laws of the State of Georgia, and shall be decided solely and exclusively by the Superior Court of Fulton County, Georgia. LOCAL GOVERNMENT hereby consents to personal jurisdiction and venue in said court and waives any claim of inconvenient forum. I. COUNTERPARTS. This Agreement is executed in two (2) counterparts which are separately numbered but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. J. INTERPRETATION. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one Party by reason of the rule of construction that a document is to be construed more strictly against the Party who itself or through its agent prepared the same, it being agreed that the agents of all Parties have participated in the preparation hereof. K. EXECUTION. Each of the individuals executing this Agreement represents that they are authorized to execute this Agreement on behalf of their respective entities. L. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall be construed as conferring upon or giving to any person, other than the Parties hereto, any rights or benefits under or by reason of this Agreement. M. ENTIRE AGREEMENT. This Agreement supersedes all prior negotiations, discussion, statements and agreements between the Parties and constitutes the full, complete and entire agreement between the Parties with respect hereto; no member, officer, employee or agent of either Party has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith, amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modification of or amendment to this Agreement will be binding on either Party hereto unless such modification or amendment will be properly authorized, in writing, properly signed by both Parties and incorporated in and by reference made a part hereof. ARTICLE XVIII COMPLIANCE WITH APPLICABLE LAWS A. The undersigned, on behalf of the LOCAL GOVERNMENT, certify that the provisions of Section 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State employees and officials trading with the State have been complied with in full. B. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated relating to the "Drug-Free Workplace Act" have been complied with in full, as stated in Appendix C of this Agreement. Attachment number 2 \nPage 16 of 29 Item # 14 -17- C. The LOCAL GOVERNMENT has read and understands the regulations for STATE AUDIT REQUIREMENT as stated in Appendix D of this Agreement and will comply in full with said provisions of O.C.G.A. § 36-81-7. D. By execution of this Agreement, I, on behalf of the LOCAL GOVERNMENT, certify under penalty of law that the LOCAL GOVERNMENT is in compliance with the service delivery strategy law (O.C.G.A. Sec. 36-701 et seq.) and is not debarred from receiving financial assistance from the State of Georgia. E. The LOCAL GOVERNMENT hereby agrees that it shall comply, and shall require its subcontractors to, comply with all applicable requirements of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto. F. The LOCAL GOVERNMENT hereby agrees that it shall, and shall require its contractors and subcontractors to, comply with GA Code Title 25, Section 9, Georgia Utility Facility Protection Act, CALL BEFORE YOU DIG 1-800-282-7411. G. Pursuant to O.C.G.A. § 13-10-91, the LOCAL GOVERNMENT and all contractors and subcontractors performing work under this Agreement are, and shall be at all times, in compliance with the Federal Work Authorization Program. Prime contractors and subcontractors may participate in any of the electronic verification work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United State Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (“IRCA”), Appendix E. H. LOCAL GOVERNMENT acknowledges and agrees that failure to complete appropriate certifications or the submission of a false certification shall result in the termination of this Agreement pursuant to the provisions of Article XI. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. (SIGNATURES ON NEXT PAGE) Attachment number 2 \nPage 17 of 29 Item # 14 -18- [LOCAL GOVERNMENT][1], Georgia Georgia Department of Transportation By: (Seal) Name: Title: By: (Seal) Commissioner Signed, sealed and delivered Attest: This ____ day of ___________, 2013, in the presence of: _______________________________ ________________________________ Witness Treasurer _______________________________ Notary Public This Agreement, approved by [Local Government][1], the _______ day of _______, 2013. Attest: ______________________________ Name and Title ______________________________ Federal Employer Identification Number: Attachment number 2 \nPage 18 of 29 Item # 14 -19- EXHIBITS Exhibit A Work Schedule Exhibit B Budget Estimate Attachment number 2 \nPage 19 of 29 Item # 14 -20- EXHIBIT A WORK SCHEDULE [Insert Project and P.I. Numbers][3] The LOCAL GOVERNMENT shall provide the DEPARTMENT with a detailed PROJECT schedule that reflects milestones, deliverables with durations for all pertinent activities to develop critical path elements. An electronic project schedule shall be submitted to the DEPARTMENT after execution of this Agreement The DEPARTMENT may request additional or updated information and documentation regarding the WORK SCHEDULE from the LOCAL GOVERNMENT at any time. If applicable, this must include the yearly operations plan for a transit project, to be updated annually by the LOCAL GOVERNMENT. AS APPLICABLE: The LOCAL GOVERNMENT shall work within the DEPARTMENT’s Program Manager’s P6 Enterprise Network. The LOCAL GOVERNMENT shall create a baseline schedule and submit to the DEPARTMENT’s Program Manager for approval prior to the commencement of any work. The forecast schedule will be updated weekly with progress. The overall structure of the P6 Enterprise Network will be managed by the DEPARTMENT’s Program Manager in accordance with scheduling guidance published by the DEPARTMENT’s Program Manager. Attachment number 2 \nPage 20 of 29 Item # 14 -21- EXHIBIT B BUDGET ESTIMATE [Insert Project and P.I. Numbers][3] Attachment number 2 \nPage 21 of 29 Item # 14 -22- Attachment number 2 \nPage 22 of 29 Item # 14 -23- APPENDICES Appendix A Local Project Delivery Application Appendix B Certification of Drug-Free Workplace Appendix C Certificate of Audit Compliance Appendix D Georgia Security and Immigration Compliance Act Affidavit Appendix E Certification of Work and Final Acceptance Attachment number 2 \nPage 23 of 29 Item # 14 -24- APPENDIX A LOCAL PROJECT DELIVERY APPLICATION Attachment number 2 \nPage 24 of 29 Item # 14 -25- APPENDIX B CERTIFICATION OF LOCAL GOVERNMENT DRUG-FREE WORKPLACE I hereby certify that I am a principle and duly authorized representative of _________________________ whose address is________________________________________________ and it is also that: 1. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full; and 2. A drug-free workplace will be provided for the LOCAL GOVERNMENT's employees during the performance of the contract; and 3. Each subcontractor hired by the LOCAL GOVERNMENT shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The LOCAL GOVERNMENT shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with ________________________ ______________________, _____________________________________ certifies to the LOCAL GOVERNMENT that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3"; and 4. It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. ______________________ __________________________________ Date Signature Attachment number 2 \nPage 25 of 29 Item # 14 -26- APPENDIX C CERTIFICATION OF COMPLIANCES I hereby certify that I am a principal and duly authorized representative of _________________ whose address is _____________________and it is also certified that: I. PROCUREMENT REQUIREMENTS The below listed provisions of State Procurement requirements shall be complied with throughout the contract period: (a) Provisions of Section Chapters 2 and Chapters 4 of the Title 32 of the Official Code of Georgia Annotated. Specifically as to the County the provisions of O.C.G.A. § 32-4-40 et seq. and as to the Municipality the provisions of O.C.G.A. § 32-4-92 et seq. II. STATE AUDIT REQUIREMENT The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the “Requirement of Audits” shall be complied with throughout the contract period in full, including but not limited to the follwoing provisions: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of $ 300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $ 300,000.00 in that government’s most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for that fiscal year. (d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. (e) The audits of each local government shall be conducted in accordance with generally accepted government auditing standards. III. SERVICE DELIVERY STRATEGY REQUIREMENT Attachment number 2 \nPage 26 of 29 Item # 14 -27- The provisions of Section 36-70-20 et seq. of the Official Code of Georgia, relating to the “Coordinated And Comprehensive Planning And Service Delivery By Counties And Municipalities”, as amended, has been complied with throughout the contract period. _______________________ _________________________________ Date Signature Attachment number 2 \nPage 27 of 29 Item # 14 -28- APPENDIX D GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity:___________________________________________________ Contract No. and Name: ____________________________________________________ ____________________________________________________ By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. ________________________________ E-Verify / Company Identification Number ___________________________________ Signature of Authorized Officer or Agent _________________________________ Date of Authorization ___________________________________ Printed Name of Authorized Officer or Agent ____________________________________ Title of Authorized Officer or Agent ____________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 2 \nPage 28 of 29 Item # 14 -29- APPENDIX E CERTIFICATION OF WORK AND FINAL ACCEPTANCE PROJECT NAME:___________________________________ PROJECT NUMBER:___________________________________ LOCAL GOVERNMENT:___________________________________ This is to certify that all work for the above referenced Project has been completed in accordance with this Agreement and in accordance with the scope as defined in the Approved Investment List(s). A final inspection of the Project has been made. All punch list work has been completed and accepted. DATE: ______________________________________ Signature of Authorized Local Government Representative Attachment number 2 \nPage 29 of 29 Item # 14 Engineering Services Committee Meeting 7/8/2013 1:00 PM Wastewater Collection System Asset Management Program, RFP #13 – 111A; Evaluation of Large Diameter Sewers Department:Utilities Caption:Consider award of RFP #13 – 111A, Wastewater Collection System Asset Management Program to Redzone Robotics, Inc. Background:In 2011, Augusta Utilities entered into a voluntary consent order with Georgia EPD regarding operation and maintenance of Augusta’s wastewater collection system. This consent order requires that Augusta Utilities implement a comprehensive preventive maintenance program for the system, including evaluation of all sewer lines on a five year cycle. We are currently performing the required evaluation on 8” – 12” pipe internally; this size range comprises the vast majority of our system. We do not have, however, the equipment or resources to evaluate larger diameter pipe, much of which must be evaluated under heavy flow conditions. Analysis:We received and evaluated proposals for the referenced RFP. Red Zone Robotics, Inc. submitted the highest ranked proposal. This RFP includes evaluation of 333,000 feet of pipe. Financial Impact:The proposed price for this scope of work totals $1,898,400. Funds are budgeted in account 512043420-5212115 / 80413005- 5212115. Alternatives:This work is necessary to comply with our Consent Order, consequently there is no viable alternative. Recommendation:We recommend that RFP #13 – 111A, Wastewater Collection System Asset Management Program be awarded to Redzone Robotics, Inc. and that execution of the contract be authorized pending review by General Counsel. Funds are Available in the Following 512043420-5212115/80413005-5212115 Cover Memo Item # 15 Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 15 Request for Proposal Request for Proposals will be received at this office until Wednesday, April 17, 2013 @ 3:00 p.m. for furnishing: RFP Item #13-111A Wastewater Collection System Asset Management Program for Utilities Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 2, 2013 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Bidders are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director cc: Tameka Allen Deputy Administrator Tom Wiedmeier Utilities Department Russell Thies Utilities Department Joe Holland Utilities Department Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 15 Evaluation Criteria PTS BIO-Nomic Services 516 Rountree Rd Charlotte, NC 28217 Redzone Robotics 91 43rd Street, Suite 250 Pittsburgh, PA 15210 1. Technical Criteria/Proposal 60 46.7 53.3 2. Experience and Qualifications Criteria 25 21.7 23.3 3. Management Criteria 15 11.7 14.0 Total 100 80.0 90.7 Detail Cumulative Evaluation Sheet - RFP Item #13-111A Wastewater Collection System Asset Management Program for Augusta, Georgia - Utilities Department Attachment number 2 \nPage 1 of 1 Item # 15 Attachment number 3 \nPage 1 of 1 Item # 15 Attachment number 4 \nPage 1 of 3 Item # 15 Attachment number 4 \nPage 2 of 3 Item # 15 Attachment number 4 \nPage 3 of 3 Item # 15 ATTN: KEN WOLFE REDZONE ROBOTICS 91 – 43RD STREET PITTSBURGH, PA 15201 ATTN: GLEN HILL REDZONE ROBOTICS 144 MARITIME TRAIL LEXINGTON, SC 29072 COMPLIANCE ENVIROSYSTEMS 1401 SEABOARD DRIVE BATON ROUGE, LA 70810 ATTN: PAUL TICKESTROOF ESG OPERATIONS 1525 DOUG BARNARD HWY AUGUSTA, GA 30906 ATTN: JOSEPH PORTER, JR. ROHADFOX CONSTRUCTION 171 – 17TH STREET NW SUITE 1625 ATLANTA, GA 30363 ATTN: GORDON SMITH W. K. DICKSON 1450 GREENE STREET SUITE 225 AUGUSTA, GA 30901 ATTN: ED DIGGS CUES 3600 RIO VISTA AVENUE ORLANDO, FL 32805 ATTN: LEVON BELLAMY SWS 5850 JACQUARDE DRIVE MABLETON, GA 30126 ATTN: TONY JOHNSON ESG 6400 PEAKE ROAD MACON, GA 31210 Tom Wiedmeier Utilities Department Bay Street Russell Thies Utilities Department Bay Street Joe Holland Utilities Department Bay Street RFP Item 13-111A Wastewater Collection System Asset Management Program mailed Tuesday, March 26, 2013 RFP Item 13-111A Wastewater Collection System Asset Management Program For Utilities Department RFP Due: Wed, 4/17/13 @ 3:00 p.m. Attachment number 5 \nPage 1 of 1 Item # 15 UNOFFICIAL VENDORS Attachment B E-Verify Addendum 1 SAVE Form Original 7 Copies Fee Proposal Redzone Robotics 91 43rd Street, Suite 250 Pittsburgh, PA 15210 Yes 639800 Yes Yes Yes Yes Yes BIO-Nomic Services 516 Rountree Rd Charlotte, NC 28217 Yes 228936 Yes Yes Yes Yes Yes RFP Opening RFP Item #13-111A Wastewater Collection System Asset Management Program for Augusta, Georgia - Utilities Department RFP Due: Tuesday, April 23, 2013 @ 3:00 p.m. The following vendors did not respond: ESG / 1520 Doug Barnard Pky / Augusta, GA 30906 WK Dickson / 1450 Greene St., St 225 / Augusta, GA 30901 Cues / 3600 Rio Vista Ave / Orlando, FL 32805 Rohadfox Construction / 171 17th Street NW / Atlanta, GA 30363 SWS / 5850 Jackaranda Drive / Mableton, GA 30126 The following vendor submitted a statement of "No Bid": RLM Communications / 4132 Madeline Drive / Augusta, GA 30909 Page 1 of 1 Attachment number 6 \nPage 1 of 1 Item # 15